4906.10
Basis for decision granting or denying certificate.

(A)
The
power siting board shall render a decision upon the record either granting or
denying the application as filed, or granting it upon such terms, conditions,
or modifications of the construction, operation, or maintenance of the major
utility facility as the board considers appropriate. The certificate shall be
conditioned upon the facility being in compliance with standards and rules
adopted under sections
1501.33 ,
1501.34 , and
4561.32 and Chapters 3704., 3734.,
and 6111. of the Revised Code. An applicant may
withdraw an application if the board grants a certificate on terms, conditions,
or modifications other than those proposed by the applicant in the
application. The period of initial operation under a certificate shall
expire two years after the date on which electric power is first generated by
the facility. During the period of initial operation, the facility shall be
subject to the enforcement and monitoring powers of the director of
environmental protection under Chapters 3704., 3734., and 6111. of the Revised
Code and to the emergency provisions under those chapters. If a major utility
facility constructed in accordance with the terms and conditions of its
certificate is unable to operate in compliance with all applicable requirements
of state laws, rules, and standards pertaining to air pollution, the facility
may apply to the director of environmental protection for a conditional
operating permit under division (G) of section
3704.03 of the Revised Code and
the rules adopted thereunder. The operation of a major utility facility in
compliance with a conditional operating permit is not in violation of its
certificate. After the expiration of the period of initial operation of a major
utility facility, the facility shall be under the jurisdiction of the
environmental protection agency and shall comply with all laws, rules, and
standards pertaining to air pollution, water pollution, and solid and hazardous
waste disposal.

The board shall not
grant a certificate for the construction, operation, and maintenance of a major
utility facility, either as proposed or as modified by the board, unless it
finds and determines all of the following:

(1)
The
basis of the need for the facility if the facility is an electric transmission
line or gas pipeline;

(3)
That
the facility represents the minimum adverse environmental impact, considering
the state of available technology and the nature and economics of the various
alternatives, and other pertinent considerations;

(4)
In the
case of an electric transmission line or generating facility, that the facility
is consistent with regional plans for expansion of the electric power grid of
the electric systems serving this state and interconnected utility systems and
that the facility will serve the interests of electric system economy and
reliability;

(5)
That
the facility will comply with Chapters 3704., 3734., and 6111. of the Revised
Code and all rules and standards adopted under those chapters and under
sections 1501.33 ,
1501.34 , and
4561.32 of the Revised Code. In
determining whether the facility will comply with all rules and standards
adopted under section
4561.32 of the Revised Code, the
board shall consult with the office of aviation of the division of multi-modal
planning and programs of the department of transportation under section
4561.341 of the Revised
Code.

(6)
That
the facility will serve the public interest, convenience, and
necessity;

(7)
In
addition to the provisions contained in divisions (A)(1) to (6) of this section
and rules adopted under those divisions, what its impact will be on the
viability as agricultural land of any land in an existing agricultural district
established under Chapter 929. of the Revised Code that is located within the
site and alternative site of the proposed major utility facility. Rules adopted
to evaluate impact under division (A)(7) of this section shall not require the
compilation, creation, submission, or production of any information, document,
or other data pertaining to land not located within the site and alternative
site.

(8)
That
the facility incorporates maximum feasible water conservation practices as
determined by the board, considering available technology and the nature and
economics of the various alternatives.

(B)
If the
board determines that the location of all or a part of the proposed facility
should be modified, it may condition its certificate upon that modification,
provided that the municipal corporations and counties, and persons residing
therein, affected by the modification shall have been given reasonable notice
thereof.

(C)
A copy
of the decision and any opinion issued therewith shall be served upon each
party.